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Expunction - Texas Forms and Impact in Bankruptcy Court

Expunction - Texas Forms

In Texas, expunction is a rare legal option which removes records of criminal proceedings from the public record filing system. To properly expunge Texas felony records, each individuals must prove of several well established exceptions. These rare exceptions include 1) no-bill inquires before grand juries, 2) not guilty verdicts rendered by judges or juries, and 3) guilt subject to lapsed deferred adjudication orders. Be aware, to properly expunge Texas felonies is significantly more difficult than sealing records which remain in the public record system.

Expunction, Texas Forms, and Bankruptcy Admissibility

Also be aware that the removal of a public record does not negate existence. Third parties may retain copies, interested parties recall, and even media coverage may create additional records. Whether these types of evidence are admissible in Bankruptcy courts is a matter of judicial discretion for each judge.

The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.

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